El Dorado National Bank v. Eikmeier

The opinion of the court was delivered by

Harvey, J.:

This is an action by the assignee and holder of nonnegotiable promissory notes against the makers and assignor. The makers, whom we shall speak of as defendants, admitted executing the notes, but pleaded failure of consideration and fraud which *413induced their execution. The trial court sustained a demurrer to their evidence and they have appealed. Broadly speaking, the question for our determination is whether there was evidence which should have gone to the jury.

The action was on two notes for $3,000 each, dated October 31, 1925, due in one…